Archive Decision

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Auckland TC 27 April 2018 – R 9 – Chair, Mr G Jones

ID: JCA12360

Applicant:
Mr N Ydgren - Chief Stipendiary Steward

Respondent(s):
Mr B Purdon - Licensed Horseman

Information Number:
A10706

Hearing Type:
Hearing

New Charge:
Failing to affix gear correctly

Rules:
864(2)(d)

Plea:
admitted

Meet Title:
Auckland TC - 27 April 2018

Meet Chair:
GJones

Meet Committee Member 1:
BScott

Race Date:
2018/04/27

Race Number:
R9

Decision:

As Mr Purdon admitted the breach of the rule it was found to be proved.

Penalty:

Mr Purdon was fined the sum of $200. 

Facts:

Following the running of Race 9, the VINCENT NEW FOR ALABAR & NEVELE R STUD 2018 MOBILE PACE 2200m, an Information was filed by Chief Stipendiary Steward, Mr N Ydgren alleging a breach of Rule 864(2)(d) by Trainer, Mr B Purdon. The Information alleged that Mr Purdon “failed to affix the centre hopple carrier strap on CHRISTIAN WHO so as not to come adrift”.

Mr Purdon signed and endorsed the Information”I do admit the breach of the rule and I do not wish to be present at the hearing”.

Rule 864(2)(d) provides that: “Every horseman, owner, trainer, and assistant thereof of a horse shall with regard to that horse ensure that…all gear is correctly applied and/or affixed so as not to malfunction or come adrift”.

Mr Ydgren advised the Committee that a breach of this rule would ordinarily be dealt via the Minor Infringement Regulations (as set out in Schedule 4), but as a result of the particular circumstances of this breach Stewards deemed it appropriate the matter be dealt with by filing an Information in accordance with Rule 1110(4)(c). This rule provides that the Judicial Committee shall determine the sanction for the breach if “a Stipendiary Steward or Racecourse Inspector considers the circumstances of the breach are such that a different sanction than specified in the Minor Infringement Regulations is warranted”.

Mr Ydgen used available video footage to support his summary of the incident. He said as the field approached the 900-metre mark CHRISTIAN WHO was racing one out vying for second place when the centre hopple strap broke. As a result CHRISTIAN WHO went off stride and drifted back through the field. He said that the progress of several of the trailing horses was affected as a consequence of interference.

As Mr Purdon elected to not present at the hearing we are not aware of the reasons for the gear coming adrift.

Submissions for Penalty:

Mr Ydgren submitted that had this matter been dealt with pursuant to the Minor Infringement Notice (MIN) provisions, Mr Purdon would have been liable to a fixed penalty fine of $100, as prescribed by the HRNZ MIN Schedule. He said the circumstances of this case merit a penalty uplift due to the impact the breach had on other runners. Notably, BOPPER JET was checked and broke and the chances of several other runners were affected to varying degrees. He added that CHRISTIAN WHO was the warm favourite for the race.

Mr Ydgren submitted that previous breaches of this rule which have been dealt with by way of filing an information have resulted in a fine in the vicinity of $150. He left the determination of an appropriate fine for the Committee to consider.

There were no submissions as to penalty provided on behalf of Mr Purdon. 

Reasons for Penalty:

In consideration of penalty the Committee took into account the submissions and video film evidence. We considered it relevant that, as a result of the gear coming adrift, not only were the chances of CHRISTIAN WHO extinguished, but so too were the chances of several other runners. Punters who invested on CHRISTIAN WHO and the other affected horses were effectively denied a fair run for their money. We treat these as an aggravating factor. We have also had due regard for Mr Purdon’s admission of the breach; but when all factors are considered we deemed a penalty uplift from the prescribed $100 MIN Schedule as being necessary and appropriate in the circumstances.

According we impose a $200 fine.

JCA Decision Fields (raw)

Dmitry: This section contains all JCA fields migrated from the raw data.

Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.

hearingid: 532318086f07f782d90e283fcc55087f


informantnumber: A10706


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Failing to affix gear correctly


plea: admitted


penaltyrequired: 1


decisiondate: 29/04/2018


hearing_title: Auckland TC 27 April 2018 - R 9 - Chair, Mr G Jones


charge:


facts:

Following the running of Race 9, the VINCENT NEW FOR ALABAR & NEVELE R STUD 2018 MOBILE PACE 2200m, an Information was filed by Chief Stipendiary Steward, Mr N Ydgren alleging a breach of Rule 864(2)(d) by Trainer, Mr B Purdon. The Information alleged that Mr Purdon “failed to affix the centre hopple carrier strap on CHRISTIAN WHO so as not to come adrift”.

Mr Purdon signed and endorsed the Information”I do admit the breach of the rule and I do not wish to be present at the hearing”.

Rule 864(2)(d) provides that: “Every horseman, owner, trainer, and assistant thereof of a horse shall with regard to that horse ensure that…all gear is correctly applied and/or affixed so as not to malfunction or come adrift”.

Mr Ydgren advised the Committee that a breach of this rule would ordinarily be dealt via the Minor Infringement Regulations (as set out in Schedule 4), but as a result of the particular circumstances of this breach Stewards deemed it appropriate the matter be dealt with by filing an Information in accordance with Rule 1110(4)(c). This rule provides that the Judicial Committee shall determine the sanction for the breach if “a Stipendiary Steward or Racecourse Inspector considers the circumstances of the breach are such that a different sanction than specified in the Minor Infringement Regulations is warranted”.

Mr Ydgen used available video footage to support his summary of the incident. He said as the field approached the 900-metre mark CHRISTIAN WHO was racing one out vying for second place when the centre hopple strap broke. As a result CHRISTIAN WHO went off stride and drifted back through the field. He said that the progress of several of the trailing horses was affected as a consequence of interference.

As Mr Purdon elected to not present at the hearing we are not aware of the reasons for the gear coming adrift.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Purdon admitted the breach of the rule it was found to be proved.


sumissionsforpenalty:

Mr Ydgren submitted that had this matter been dealt with pursuant to the Minor Infringement Notice (MIN) provisions, Mr Purdon would have been liable to a fixed penalty fine of $100, as prescribed by the HRNZ MIN Schedule. He said the circumstances of this case merit a penalty uplift due to the impact the breach had on other runners. Notably, BOPPER JET was checked and broke and the chances of several other runners were affected to varying degrees. He added that CHRISTIAN WHO was the warm favourite for the race.

Mr Ydgren submitted that previous breaches of this rule which have been dealt with by way of filing an information have resulted in a fine in the vicinity of $150. He left the determination of an appropriate fine for the Committee to consider.

There were no submissions as to penalty provided on behalf of Mr Purdon. 


reasonsforpenalty:

In consideration of penalty the Committee took into account the submissions and video film evidence. We considered it relevant that, as a result of the gear coming adrift, not only were the chances of CHRISTIAN WHO extinguished, but so too were the chances of several other runners. Punters who invested on CHRISTIAN WHO and the other affected horses were effectively denied a fair run for their money. We treat these as an aggravating factor. We have also had due regard for Mr Purdon’s admission of the breach; but when all factors are considered we deemed a penalty uplift from the prescribed $100 MIN Schedule as being necessary and appropriate in the circumstances.

According we impose a $200 fine.


penalty:

Mr Purdon was fined the sum of $200. 


hearing_type: Hearing


Rules: 864(2)(d)


Informant: Mr N Ydgren - Chief Stipendiary Steward


JockeysandTrainer: Mr B Purdon - Licensed Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 4158260a430224b64d013483ed0c82a9


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R9


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 4ad743e48b2e2ffd166030a8aba9279b


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 27/04/2018


meet_title: Auckland TC - 27 April 2018


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: auckland-tc


meet_racingtype: harness-racing


meet_chair: GJones


meet_pm1: BScott


meet_pm2: none


name: Auckland TC